Answer A person can self-petition for an NIW based on the performance of work that substantially benefits the national interests of the United States. A doctorate, in and of itself, normally would not make one eligible. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other...
On December 27, 2016, the Administrative Appeals Office (AAO) issued a precedent decision in Matter of Dhanasar that modifies the framework for how the U.S. Citizenship and Immigration Services (USCIS) will now adjudicate national interest waiver (NIW) petitions. On its face, the new three-prong test...
The U.S. Citizenship and Immigration Services (USCIS) has adopted a decision of the Administrative Appeals Office (AAO) addressing the requirements for medical specialists seeking a physician-specific national interest waiver (NIW). This solidifies a long-standing practice by the USCIS, which allows all physicians, both primary care...
Earlier today, the Director of the U.S. Citizenship and Immigration Services (USCIS), León Rodríguez, made a presentation during the Office of the Citizenship and Immigration Services Ombudsman Fifth Annual Conference. During his speech, Mr. Rodríguez only spent a few minutes discussing issues related to the...
For many years, the Murthy Law Firm has received inquiries for regarding filing cases in the employment-based, first preference (EB1) category. These requests clearly are motivated by retrogression (or the non-availability of visa numbers) for many in the employment-based, second (EB2) and third (EB3) preference...
Murthy Law Firm attorneys provide an overview of common issues related to upgrading from EB3 to EB2. They discuss educational equivalency issues, priority date retention and the use of exceptional ability to qualify for an EB2 upgrade. This June 3, 2015 teleconference is from our...
Immediately following President Obama's November 20, 2014 announcement of his executive actions related to immigration reform, the Murthy Law Firm began to receive queries asking when the changes would go into effect. While the timeline on immigration benefits for undocumented aliens has been fairly well...
President Barack Obama addressed the nation on November 20, 2014, in a televised speech to outline his proposed changes to immigration policies through executive action. These changes are part of a multi-pronged effort by the White House to make needed improvements by executive action to...
Question 1. I want to file a petition for National Interest Waiver based on an acute shortage of people with my particular professional skills in the United States. Is this possible?The USCIS has strict guidelines regarding who qualifies for an NIW. These guidelines state clearly...
Employer and PERM Labor Required (unless in the national interest)This immigrant visa category is for members of the professions holding advanced degrees, and foreign nationals of exceptional ability. Members of the Professions Holding Advanced Degrees Employer and PERM Labor RequiredThe USCIS defines an advanced degree as a...
